Chapter 12.05
SIDEWALKS – REPAIR AND MAINTENANCE RESPONSIBILITY

Sections:

12.05.010    Definitions.

12.05.020    Purpose.

12.05.030    Standards for construction.

12.05.040    Standards for maintenance.

12.05.050    Liability and duty to reconstruct or repair.

12.05.010 Definitions.

A. “Abutting property” means all property having frontage on any portion of a street right-of-way.

B. “Sidewalk” means an improved surface specifically constructed for use by pedestrians.

C. “Sidewalk area” means any and all structures or form of improvement in the space between the paved portion and the outer edge of the public right-of-way including but not limited to the sidewalk, curb, gutter, driveway and parking strip.

D. “Street” means a public thoroughfare which provides the principal means of access to abutting properties. (Ord. 1871 § 1, 1990).

12.05.020 Purpose.

The purpose of this chapter is to establish a comprehensive City-wide policy towards sidewalk maintenance and repair that addresses standards for construction, responsibilities of abutting property owners, and a process by which sidewalks are to be repaired or replaced. (Ord. 1871 § 2, 1990).

12.05.030 Standards for construction.

All sidewalk area improvements constructed, repaired or replaced shall conform to approved City engineering standards. (Ord. 1871 § 3, 1990).

12.05.040 Standards for maintenance.

All sidewalks shall be maintained by abutting property owners in the following manner:

A. All motorized vehicles shall be prohibited from parking on top of the curb, parking strip, or any portion of the sidewalk area.

B. Trees and shrubs shall not be planted in the public right-of-way or on private property of such a variety or in such a manner that would result in damage to the sidewalk area.

C. The full width of the sidewalk along the entire length of any abutting property shall remain clear of any obstacles or obstructions to allow safe and easy passage of pedestrians.

D. Plant material such as grass shall be removed from cracks that may develop at the sidewalk surface. (Ord. 1871 § 4, 1990).

12.05.050 Liability and duty to reconstruct or repair.

A. Whenever a sidewalk or portion thereof is in need of repair as a direct result of neglect on the part of the abutting property owner to fulfill his or her maintenance obligations, as defined by MTMC 12.05.040, the abutting property owner shall bear the burden and expense of the prompt reconstruction or repair of such sidewalk.

B. Whenever a sidewalk is need of repair due to causes that are not a direct result of neglect on the part of an abutting property owner to fulfill his or her maintenance obligations, the City shall be responsible for repairs or reconstruction. (Ord. 1871 § 5, 1990).